To remove rules that are redundant of statute.

DEPARTMENT OF VETERANS' AFFAIRS

RULE NO: RULE TITLE
55-6.001: Authority
55-6.002: Purpose
55-6.003: Public Inspection and Duplication
55-6.004: Final Orders Required to Be Indexed
55-6.005: Listing of Final Orders
55-6.006: Numbering of Final Orders
55-6.007: System for Indexing Final Orders
55-6.008: Maintenance of Records
55-6.009: Plan
PURPOSE AND EFFECT: To remove rules that are redundant of statute.
SUMMARY: Final Order Indexing, Management And Availability.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.533, (1)(f), (1)(j) FS.
LAW IMPLEMENTED: 120.53(2)-(4), (2)(a)1.-5., 119.041(2) FS,. Chapter 91-30, Section 10, Laws of Florida.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Lynn, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

55-6.001 Authority.

These rules regarding the indexing, management, and availability of final orders are issued pursuant to Section 120.533, Florida Statutes, and Chapter 1S-6, Florida Administrative Code, and have been approved by the Department of State pursuant to Section 120.53(2)(c), Florida Statutes.

Specific Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed________.

 

55-6.002 Purpose.

The purpose of this chapter is to provide public access to and availability of final orders.

Specific Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed________.

 

55-6.003 Public Inspection and Duplication.

The following shall be made available from the agency for public inspection and copying, at no more than cost:

(1) All final orders.

(2) A current subject-matter index identifying final orders which are indexed.

(3) A list of all final orders which are not indexed, which must be listed pursuant to Rule 1S-6.005, Florida Administrative Code.

Specific Authority 120.533 FS. Law Implemented 120.53(2)(a)1.-5. FS. History–New 1-26-93, Repealed________.

 

55-6.004 Final Orders Required to be Indexed.

For purposes of this chapter, final orders issued pursuant to Sections 120.565, 120.57(1), (2), and (3), Florida Statutes, which are required to be indexed pursuant to Rule 1S-6.004, Florida Administrative Code, shall be indexed. The categories and types of final orders which are excluded from indexing pursuant to Sections 120.53(2), (3), 120.53(2)(d), Florida Statutes, which are not required to be indexed pursuant to Rule 1S-6.004, Florida Administrative Code, are as follows: final orders resulting from stipulations, consent agreements, and agreed settlements which are of limited or no precedential value or legal significance, or that are ministerial in nature, or any final order which does not specifically qualify for indexing as specified in Rule 1S-6.004, Florida Administrative Code.

Specific Authority 120.533 FS. Law Implemented 120.53(2)(a)3., (s) FS. History–New 1-26-93, Repealed________.

 

55-6.005 Listing of Final Orders.

The agency maintains a list of stipulations, agreed settlements, consent agreements and final orders that do not qualify for indexing as specified in Rule 1S-6.004, Florida Administrative Code, and which the agency has therefore excluded from indexing. The list contains the names of the parties to the proceeding and the number assigned to the final order.

Specific Authority 120.533 FS. Law Implemented 120.53(2)(a)4. FS. History–New 1-26-93, Repealed________.

 

55-6.006 Numbering of Final Orders.

All final orders which are indexed or listed shall be sequentially numbered as rendered using a two-part number separated by a dash with the first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with number 1 each new calendar year. The following assigned agency designation prefixes shall precede the two-part number, as applicable: DVA for the Department of Veterans’ Affairs; DVAB for the Division of Veterans’ Benefits and Assistance; and DVAA for the Division of Administration and Public Information.

Specific Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed________.

 

55-6.007 System for Indexing Final Orders.

(1) The index shall be alphabetically arranged by main subject headings taken from the Florida Statutes index, when applicable. The applicable titles of citations of the Florida Statutes construed within the final order may determine the main subject headings and subheadings in the index. Main subject headings shall be all capital letters and shall be flush left on the page followed by relevant subheadings which shall be initial caps and lower case letters indented. Subheadings and sub-subheadings may be taken from the text of the Florida Statutes being construed. Subheadings and sub-subheadings at equal indentations shall be alphabetized. The numbers of the final orders shall be listed sequentially in an indentation immediately below the applicable subheading. Cross references shall be used to direct the user to subject headings which contain the relevant information. Related key words (specific words, terms, and phrases) and common and colloquial words shall be listed and cross referenced to the appropriate main subject headings.

(2) The main subject headings shall be consulted by the agency’s indexer and subsequent similar entries shall be indexed under the existing appropriate heading. The index shall be cumulative and shall be updated and made accessible to the public at least every 120 days. New main subject headings will be added when necessary. The index shall be cumulative for each calendar year.

(3) The agency indexing clerk shall index final orders in addition to carrying out responsibilities relating to numbering and listing as set forth in this rule chapter.

Specific Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed________.

 

55-6.008 Maintenance of Records.

Final orders that comprise final agency action and that must be indexed or listed pursuant to this chapter shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.

Specific Authority 120.533(1)(j) FS. Law Implemented 119.041(2) FS. History–New 1-26-93, Repealed________.

 

55-6.009 Plan.

(1) The agency shall make final orders accessible and available to the public by sequentially numbering and indexing final orders that are required to be indexed and listing those final orders that are required to be listed and are not indexed. The agency shall make the final orders, subject matter index, and the list available to the public.

(2) The agency indexing clerk shall assist the public in obtaining information pertaining to final orders.

(3) The system or process used by the agency to search and locate final orders required to be indexed and listed is as follows: the designated agency clerk will receive all requests for copies of final orders, will search the appropriate index or list for the location of requested final orders, and will retrieve and copy such final orders in accordance with the provisions of this Chapter 55-6, Florida Administrative Code.

(4) The agency maintains and stores such final orders, index, and list in the offices of the agency at 144 First Avenue South, Room 418, St. Petersburg, Florida. The office is open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding holidays and weekends.

Specific Authority 120.533(1)(j) FS. Law Implemented Chapter 91-30, Section 10, Laws of Florida. History–New 1-26-93, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Earl Daniell
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008